PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
EXERCISE EQUIPMENT SERVICE, INC. WEB SITE USE AGREEMENT
This Web Site Use Agreement ("Agreement") is entered into by you, EXERCISE EQUIPMENT SERVICE, INC. The EXERCISE EQUIPMENT SERVICE, INC. Web Site is comprised of various web sites, web pages, tools, information, software, content and features (collectively, "EXERCISE EQUIPMENT SERVICE, INC. Web Site") operated by EXERCISE EQUIPMENT SERVICE, INC.
This Agreement sets forth the terms and conditions under which you use the EXERCISE EQUIPMENT SERVICE, INC. Web Site and under which EXERCISE EQUIPMENT SERVICE, INC. agrees to your use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site. By using the EXERCISE EQUIPMENT SERVICE, INC. Web Site, you agree to be bound by the terms of this Agreement. This Agreement includes EXERCISE EQUIPMENT SERVICE, INC.'s Acceptable Use Policy (which is attached hereto as Attachment A), EXERCISE EQUIPMENT SERVICE, INC.'s Privacy Policy (which is available at exerciseequipmentservice.com) and incorporated herein by reference), and any notices regarding the EXERCISE EQUIPMENT SERVICE, INC. Web Site (all of which are available for review at 10211 Pines Blvd, #149, Pembroke Pines, FL 33026), and are incorporated herein by reference). You may also receive a copy of this Agreement by writing us at: EXERCISE EQUIPMENT SERVICE, INC., 10211 Pines Blvd, #149, Pembroke Pines, FL 33026, Attention: Web Site Use Agreement.
- SCOPE OF EXERCISE EQUIPMENT SERVICE, INC. WEB SITE
EXERCISE EQUIPMENT SERVICE, INC. makes the EXERCISE EQUIPMENT SERVICE, INC. Web Site available to users at no charge. The features of the EXERCISE EQUIPMENT SERVICE, INC. Web Site may include but is not limited to, exercise information. The EXERCISE EQUIPMENT SERVICE, INC. Web Site is intended solely for your private and personal use on your computer. Any other use or any attempt to use the EXERCISE EQUIPMENT SERVICE, INC. Web Site for commercial or other purposes is strictly prohibited.
- REGISTERED USERS
You agree that the information you provide during the EXERCISE EQUIPMENT SERVICE, INC. Web Site registration is accurate and that you are 13 years of age or older.
- NO WARRANTY
EXERCISE EQUIPMENT SERVICE, INC. (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDE THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE IS WITH YOU. IN ADDITION, EXERCISE EQUIPMENT SERVICE, INC. DOES NOT WARRANT THE SECURITY OF THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. EXERCISE EQUIPMENT SERVICE, INC. IN ITS SOLE DISCRETION MAY PROVIDE SUPPORT FOR THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL EXERCISE EQUIPMENT SERVICE, INC. BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE, PROVISION OF OR FAILURE TO PROVIDE THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE, EVEN IF EXERCISE EQUIPMENT SERVICE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, EXERCISE EQUIPMENT SERVICE, INC.'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RIGHT TO CHANGE, MODIFY OR TERMINATE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE
Without prejudice to any other rights that EXERCISE EQUIPMENT SERVICE, INC. may have, EXERCISE EQUIPMENT SERVICE, INC. reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the EXERCISE EQUIPMENT SERVICE, INC. Web Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or EXERCISE EQUIPMENT SERVICE, INC. terminate this Agreement, you must immediately stop using the EXERCISE EQUIPMENT SERVICE, INC. Web Site.
CHANGES TO AGREEMENT
EXERCISE EQUIPMENT SERVICE, INC. reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to your use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site) by posting such revisions to the EXERCISE EQUIPMENT SERVICE, INC.'s Guidelines and Policies page located at exerciseequipmentservice.com. You agree to visit this web site periodically to be aware of and review any such revisions. Changes to this Agreement shall be effective upon posting. By continuing to use the EXERCISE EQUIPMENT SERVICE, INC. Web Site after revisions are posted, you accept the revisions and agree to abide by them.
- INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the EXERCISE EQUIPMENT SERVICE, INC. Web Site (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by EXERCISE EQUIPMENT SERVICE, INC., its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the EXERCISE EQUIPMENT SERVICE, INC. Web Site other than the right to use the EXERCISE EQUIPMENT SERVICE, INC. Web Site according to the terms of the Agreement.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless EXERCISE EQUIPMENT SERVICE, INC. and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by you (or any parties who use your computer, with or without your permission, to access the EXERCISE EQUIPMENT SERVICE, INC. Web Site); (b) the use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your computer to access the EXERCISE EQUIPMENT SERVICE, INC. Web Site, with or without your permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the EXERCISE EQUIPMENT SERVICE, INC. Web Site, with or without your permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site or the Internet.
- MANAGEMENT OF YOUR DATA
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the EXERCISE EQUIPMENT SERVICE, INC. Web Site. Minimum systems requirements apply to the use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site and it is your responsibility to ensure your computer system complies with these requirements. You are responsible for management of your information, including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on your router. You are also responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information. EXERCISE EQUIPMENT SERVICE, INC. is not responsible for back-up and restoration of your information or for any loss of or disablement of access to your information, including without limitation, email and address book information. In addition, you agree that information required by the Web Site software (including any personalization information) and other identifying information requested by EXERCISE EQUIPMENT SERVICE, INC. or its portal supplier may be placed in our user directory.
LIMITATIONS ON USE
a. The Internet is an international computer network of both government and non-government inter-operable packet switched data networks. The Internet is not owned, operated or managed by, or in any way affiliated with EXERCISE EQUIPMENT SERVICE, INC., and EXERCISE EQUIPMENT SERVICE, INC. is not responsible for and has no control over the information or materials accessible via the Internet through use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site.b. You agree to supervise usage of the EXERCISE EQUIPMENT SERVICE, INC. Web Site by any minors who use the EXERCISE EQUIPMENT SERVICE, INC. Web Site. EXERCISE EQUIPMENT SERVICE, INC. is not responsible for access by any users, neither you nor minors, to objectionable or offensive information or data. You agree that your use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
c. You agree that the reliability, availability and performance of resources accessed through the Internet or other services connected or linked to the EXERCISE EQUIPMENT SERVICE, INC. Web Site are beyond EXERCISE EQUIPMENT SERVICE, INC.'s control and are not in any way warranted or supported by EXERCISE EQUIPMENT SERVICE, INC. You agree that EXERCISE EQUIPMENT SERVICE, INC. cannot and does not guarantee or warrant that files available for downloading through the EXERCISE EQUIPMENT SERVICE, INC. Web Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
d. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet. EXERCISE EQUIPMENT SERVICE, INC. is not responsible for invalid destinations, transmission errors, or corruption, interception or security of your data.
e. You understand and agree that EXERCISE EQUIPMENT SERVICE, INC. does not warrant the EXERCISE EQUIPMENT SERVICE, INC. Web Site to be uninterrupted or error-free. You further understand and agree that EXERCISE EQUIPMENT SERVICE, INC. has no control over third party networks or web sites that you may access in the course of your use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site, and that delays and disruptions of other network transmissions are completely beyond the control of EXERCISE EQUIPMENT SERVICE, INC.
f. You agree that EXERCISE EQUIPMENT SERVICE, INC. assumes no responsibility for the accuracy, integrity, quality, completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and does not endorse any advice or opinion contained therein. EXERCISE EQUIPMENT SERVICE, INC. does not monitor or control such services, although we reserve the right to do so. EXERCISE EQUIPMENT SERVICE, INC. may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our EXERCISE EQUIPMENT SERVICE, INC. Web Site and to protect others and ourselves.
11. MISCELLANEOUS PROVISIONS
a. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.b. By transmitting, uploading, posting or submitting any information or material, you (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of the information does not violate any copyright or other laws.
c. The EXERCISE EQUIPMENT SERVICE, INC. Web Site contains third party links and it is provided by EXERCISE EQUIPMENT SERVICE, INC. only as a convenience to its users. Any web sites linked to or from the EXERCISE EQUIPMENT SERVICE, INC. Web Site are not reviewed, controlled, or examined by EXERCISE EQUIPMENT SERVICE, INC. and EXERCISE EQUIPMENT SERVICE, INC. is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the EXERCISE EQUIPMENT SERVICE, INC. Web Site does not imply endorsement of the linked site or content by EXERCISE EQUIPMENT SERVICE, INC. In no event shall EXERCISE EQUIPMENT SERVICE, INC. be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.
d. The terms of this Agreement apply only to your use of the EXERCISE EQUIPMENT SERVICE, INC. Web Site and do not apply to your use of any other EXERCISE EQUIPMENT SERVICE, INC. product or service. The terms and conditions applicable to such other EXERCISE EQUIPMENT SERVICE, INC. products or services shall apply to and govern your rights and obligations (and ours) with respect to your use of such other products or services.
e. You and EXERCISE EQUIPMENT SERVICE, INC. agree that the substantive laws of the State of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND EXERCISE EQUIPMENT SERVICE, INC. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN BROWARD COUNTY, FLORIDA, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE EXERCISE EQUIPMENT SERVICE, INC. WEB SITE. Except as otherwise required by law, including Florida laws relating to consumer transactions, any cause of action or claim you may have with respect to the EXERCISE EQUIPMENT SERVICE, INC. Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
f. Use, duplication or disclosure by any Government entity is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer EXERCISE EQUIPMENT SERVICE, INC., 10211 Pines Blvd, #149, Pembroke Pines, FL 33026.
g. For your reference, you may refer to the copy of this Agreement that can be found on the link "Policies and Terms of Service" located on EXERCISE EQUIPMENT SERVICE, INC.'s home page. You may also receive a copy of this Agreement by writing us at: EXERCISE EQUIPMENT SERVICE, INC. 10211 Pines Blvd, #149, Pembroke Pines, FL 33026.
h. This Agreement, including all Attachments hereto, which are fully incorporated into this Agreement, and also including all policies and notices incorporated into this Agreement by reference, constitutes the entire agreement between you and EXERCISE EQUIPMENT SERVICE, INC. with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement may be revised by EXERCISE EQUIPMENT SERVICE, INC. as set forth in Paragraph 6, "Changes to Agreement", above. Any terms varying from this Agreement in any written or electronic communication from you are void.
ATTACHMENT A
ACCEPTABLE USE POLICY
This is EXERCISE EQUIPMENT SERVICE, INC.'s policy on the acceptable use of the Service. It is designed to help protect the Service, EXERCISE EQUIPMENT SERVICE, INC.'s customers and the Internet community, from irresponsible or illegal activities.
EXERCISE EQUIPMENT SERVICE, INC. reserves the right to deny Service to you, or immediately to terminate your Service for material breach, if your use of the Service or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in the sole discretion of EXERCISE EQUIPMENT SERVICE, INC.: (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason, (d) is objectionable for any reason, or (e) in any manner violates the terms of this Acceptable Use Policy.
You may NOT use the Service as follows: (a) for any unlawful, improper or illegal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of EXERCISE EQUIPMENT SERVICE, INC. or any other entity, or to attempt to penetrate or penetrate security measures of EXERCISE EQUIPMENT SERVICE, INC. or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming," "flaming" or denial or distributed denial of service attacks; (e) to transmit unsolicited EXERCISE EQUIPMENT SERVICE, INC. emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area or charter (e.g. off-topic posting) of the newsgroup; (h) to interfere with another person's usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (j) to damage the name or reputation of EXERCISE EQUIPMENT SERVICE, INC., its parent, affiliates and subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate EXERCISE EQUIPMENT SERVICE, INC.'s or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to use more than one IP address obtained from EXERCISE EQUIPMENT SERVICE, INC.; (n) to generate excessive amounts (as determined by EXERCISE EQUIPMENT SERVICE, INC. in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (o) to engage in activities designed to or having the effect of degrading or denying Service to EXERCISE EQUIPMENT SERVICE, INC. users or others (including activities that compromise a server, router, circuit, software or other Internet component ; (p) to use any name or mark of EXERCISE EQUIPMENT SERVICE, INC., its parent, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner; (q) to use the Service to operate a commercial server or to operate a non-commercial server in a manner that interferes with the network or other users' use of the Service; (r) to use the Service or the Internet in a manner intended to threaten, harass, intimidate; (s) to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (t) to use the Service to disrupt the normal flow of online dialogue, (u) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (v) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (w) to impersonate any EXERCISE EQUIPMENT SERVICE, INC. employee or official or other person or use a false name while using the Service or implying an association with EXERCISE EQUIPMENT SERVICE, INC.; (x) to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (y) to make false or unverified complaints against any EXERCISE EQUIPMENT SERVICE, INC. subscriber, or otherwise abusing any of EXERCISE EQUIPMENT SERVICE, INC.'s complaint response procedures; (z) to use software or any other device that would allow your account to stay logged on while you are not actively using the Service; (aa) to export software or any information in violation of US export laws.
Copyright Infringement/Repeat Infringer Policy. EXERCISE EQUIPMENT SERVICE, INC. respects the intellectual property rights of third parties, including those granted under the United States copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, EXERCISE EQUIPMENT SERVICE, INC.'s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the United States copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of EXERCISE EQUIPMENT SERVICE, INC. to terminate, in appropriate circumstances, the Service provided to any user who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where (i) a Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, (ii) where a valid, effective and uncontested notice has been provided to EXERCISE EQUIPMENT SERVICE, INC. alleging facts which are a violation by the Subscriber or account holder of EXERCISE EQUIPMENT SERVICE, INC.'s Copyright Policy prohibiting infringing activity in EXERCISE EQUIPMENT SERVICE, INC. systems or servers, or (iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, EXERCISE EQUIPMENT SERVICE, INC. expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if EXERCISE EQUIPMENT SERVICE, INC., in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights EXERCISE EQUIPMENT SERVICE, INC. may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting EXERCISE EQUIPMENT SERVICE, INC.'s designated Copyright Agent as set forth in EXERCISE EQUIPMENT SERVICE, INC.'s Copyright Policy located at 10211 Pines Blvd, #149, Pembroke Pines, FL 33026.
You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any United States embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the United States Government limiting, barring, revoking or denying, in whole or in part your United States export privileges. You agree to notify EXERCISE EQUIPMENT SERVICE, INC. if you become subject to any such order.
You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with EXERCISE EQUIPMENT SERVICE, INC. and provide requested information in connection with all security and use matters. You agree to notify EXERCISE EQUIPMENT SERVICE, INC. promptly if you suspect unauthorized use of the Service or of your UserID. You remain liable for unauthorized use until your notification to EXERCISE EQUIPMENT SERVICE, INC. You agree that your name, UserID, and other identifying information may be placed in our user directory.
EXERCISE EQUIPMENT SERVICE, INC. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the EXERCISE EQUIPMENT SERVICE, INC. network.
EXERCISE EQUIPMENT SERVICE, INC. may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement.